Clarke v. Board of Education

Appellant, Board of Education of the School District of Omaha (Board), a Class V school district, appeals from an order entered by the District Court for Douglas County, Nebraska, reversing the action of the Board in terminating the employment of one of its permanent teachers, James Clarke. In determining the propriety of the Board’s action in terminating Clarke, we must determine whether the act of a teacher calling black students in a racially mixed class “dumb niggers” constitutes “immorality” within the meaning of Neb. Rev. Stat. § 79-1260 (Reissue 1981). The trial court, in reversing the…